The regular meeting of the Kirklin Town Council was held on Monday, October 8, 2012 at 7:00 pm at Kirklin Town Hall.

COUNCILORS PRESENT WERE: Councilor Doug O'Connor, Councilor Walter Minnick, Councilor Patricia Quick, & Councilor Melinda Jobe. Councilor Randy Weaver was absent

ALSO PRESENT WERE: Harold Stowers, Brenda Stowers, Charles Allen, and Shelley Smith –Frankfort, Sandy Workman – Indianapolis, Jennifer Stewart & Bill Bundren – Zionsville, James Stewart, Burl Tharp, Byron Padgett, Jerry Faucett, & Ellen Jobe – Kirklin Residents, Daniel Combs – Potato Supply, Bruce Evans – Recreation Board, Amy Evans – Park Board, Mike Nichols & Mark Newhart – Candidates for Clinton County Commissioner, Beth Newhart- Visitor, Shawn Johnson – REI, John Faucett – Town Marshal, Brad Barnes – Utility Supt., Louis Evans – Town Attorney, Mary King – Clerk-Treasurer

2013 BUDGET ADOPTION

The Council adopted the proposed 2013 Budget

MINUTES

The Meeting Minutes for the month of September were approved as read

ANNEXATION

Sandy Workman, a relative of Jim Stewart, questioned the contiguity requirements and how they are calculated. Louis Evans explained the process to her. He also explained that all affected property owners would receive the proper notice when we reach the point of having public hearings. He also explained that there is a process for remonstrance for those property owners who do not want to be annexed; we just haven’t reached that point yet. Walt Minnick explained the Urban Growth Boundaries for the town and that all properties considered for proposed annexation are well within the boundary.

Burl Tharp does not think the Council should annex more property when he would like to see the town take better care of the problems we already have.

Jim Stewart asked if the Council would consider just annexing the property that has water & sewer service already ran to them. The Council agreed that this question could be addressed later as the process moves along.

A motion was made by Councilor Doug O'Connor to approve the invoice from Therber & Brock in the amount of $3,112.50 for services associated with the annexation procedure. The motion was supported by Councilor Patricia Quick and carried with a unanimous vote.

DRAINAGE

The Council discussed having someone shoot the grade on Adams Avenue and to begin looking at storm drain work that needs to be done in the area. Brad Barnes will check on the drainage issues at Harrison Street near Potato Supply. They also discussed drainage on West Monroe Street. Quick made a motion to pay the invoice from REI (Shawn Johnson) in the amount of $10,800.00 for East Jefferson Street & Ohio Street projects. The motion was supported by Councilor Doug O'Connor and carried with a unanimous vote.

The Council discussed the drainage issues on W. Monroe Street. Ellen Jobe knows about where the blockage is that was encountered a few years ago; it appeared to be at a pine tree near Wayne Jobe’s residence.

TOMATO PIT DRIVE & ACCESS

Randy Weaver & Mary King have both tried to contact Ron Wharry with Moses Surveying and he has not returned the phone calls. After discussion, a motion was made by Councilor Doug O'Connor to send Moses Surveying a certified letter stating that we will get another surveyor if he does not get the information prepared. The motion was supported by Councilor Patricia Quick and carried with a unanimous vote.

PROPERTY CLEAN UP & CONDEMNATION

Louis Evans told the Council that maybe we should consider going under the Nuisance Ordinance to force the property owners at 101 S. Pike Street & 406 N. Ohio Street to clean up their properties. He is recommending this because of the cost to the town of cleaning up the properties. The old church property at 101 S. Pike Street would be extremely expensive to tear down. The Council discussed getting estimates to demolish the home structure at 406 N. Ohio Street. Shawn Johnson is willing to put in an estimate to do the work, but questioned if the Council would want the crawl space filled in. The Council will check to see if we have town standards that address the issue before making a decision.

DOWNTOWN REVITALIZATION/ECONOMIC DEVELOPMENT GRANT

Mary King reported that a meeting had been held with Steven Ray from IOCRA & Amy Miller with Cornerstone Grants Management. Others who attended the meeting were: Randy Weaver, Jim Mann, & Danny Mann. A committee of town merchants has been formed to help move the application for a planning grant forward.

CANDIDATES FOR CLINTON COUNTY COMMISSIONER

Candidates Mark Newhart & Mike Nichols were present to introduce themselves.

RECREATION BOARD

Bruce Evans presented the Council with drawings for a proposed new concession stand in the baseball area at the park. Councilor Doug O'Connor made a motion to approve the plan as long as the necessary required permits are obtained from the Area Plan Commission. The motion was supported by Councilor Walter Minnick and carried with a unanimous vote.

MARSHAL DEPARTMENT

John Faucett reported that the new vests from Safariland have been received. He reported having met with the Clinton County Sheriff & Mike Pittman to discuss computers needing updated. The cost for Gold Key is $79.00 per Gold Key. He is working on a new traffic code for Main Street that would increase the amount retained by the town for fees/fines from traffic tickets.

UTILITIES

Brad Barnes gave the following report:

Crenshaw Paving has begun milling on Pike Street. Brad will have Bryon Crenshaw look at the patching that needs to be done at the intersection of Hwy 38/Perry Street.

Town Employees have flushed the whole water system of fire hydrants & have been painting some fire hydrants.

He has someone coming to look at the concrete drying beds & options. Barnes reported that we should be ok for sludge storage until spring since he has moved sludge into the big reed beds.

Walt Minnick asked if we could do something different with the storm drain near the Post office on Madison Street. Doug O’Connor suggested that maybe we could change the slope/structure since Brad is having trouble finding a replacement grate.

TARGET PRACTICE AGREEMENT

The Council and Byron Padgett signed an agreement to allow Padgett to have a key and to use the shooting range on town property for target practice.

TRICK OR TREAT HOURS

Trick or Treat hours have been set for October 30th & 31st from 6-8 pm

TORT CLAIM NOTICE

Louis Evans explained that the next step after filing the Tort Claim Notice is to sue the State of Indiana for damages to the water main during the repaving of Hwy. #38 (W. Jefferson Street). Brad Barnes feels like it may have been a combination of old water lines & the vibration from equipment used during the repaving process that caused the water main break. Louis Evans explained that the burden of proof would be on the town if the case were to go to trial. Louis Evans will follow up with the person that responded to the initial Tort Claim Notice.

ADA ASSESSMENT & PLAN

Melinda Jobe will check with the Engineers that she works with to see if they can be of assistance with developing an assessment & compliance plan. The Clerk-Treasurer will print off assessment forms that may be helpful as well.

MARSHAL ISSUES

After a discussion, Councilor Doug O'Connor made a motion for John Faucett to purchase up to $700.00 worth of 40 caliber ammunition from the Clinton County Sheriff’s Department. The motion was supported by Councilor Melinda Jobe and carried with a unanimous vote. John reported that he would like to purchase diesel fuel for the hummers. Councilor Melinda Jobe made a motion to apply for a town credit card & to adopt an ordinance for the use of the card. The motion was supported by Councilor Walter Minnick and carried with a unanimous vote.

Register of Claims presented & signed

Meeting adjourned

Respectfully submitted – Mary King